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DECREE No

DECREE No. 3-CP ON THE 16TH OF JANUARY 1995, OF THE GOVERNMENT PROVIDING FOR TEMPORARY DEFERMENT OF MILITARY SERVICE AND DRAFT EXEMPTION IN PEACE TIME FOR TRAINEES AND STUDENTS AND FOR YOUTH VOLUNTEERS, GOVERNMENT OFFICIALS AND PUBLIC EMPLOYEES WORKING IN DIFFICULT AREAS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of the 30th of September 1992;

Proceeding from Article 29 of the Law on Amendments and Supplements to a Number of Articles of the Law on Military Service, on the 22nd of June 1994;

At the proposal of the Minister of Defense,

DECREES:

Article 1.- In peace time, temporarily to defer the drafting into the army male citizens of military service age in the following categories:

1. Male citizens who are studying at general education schools or are training in courses of 12 months or more at vocational schools, secondary vocational schools, colleges, pre-university schools, post-graduate schools and other training courses which are either public or semi-public, people-sponsored or private, and which are established by decision of either the Government, or Ministries, agencies at ministerial levels, agencies attached to the Government or branches at the central level, or of provinces or cities directly under the Central Government. Their military service deferment is applied within the period of one training course only. After their graduation, if the citizens continue their study in another training course, they are no longer eligible for this.

Male citizens of military service age, on enrolling in their schools, have to hand in their military service registration cards to the schools. The rectors of these schools and the Military Commands at district, provincial towns and cities of the provinces where the schools are located, are responsible for checking, registering missing cases and keeping the military service registration cards of the trainees and students.

2. Teachers, health workers and youth volunteers who are local employees of State agencies and social and economic organizations and teachers, health workers, youth volunteers and other employees of State agencies and political and social organizations who are assigned from other areas to work at mountainous, remote and borders areas where area allowances are at level 5 or higher, and islands where area allowances are at level 3 or higher, as stipulated in Circular 15-LDTB-XH/TT on the 2nd of June 1993 of the Ministry of Labor, War Invalids and Social Affairs.

Article 2.- Draft exemption in peace time is applied to male citizens who are youth volunteers, government officials, public employees and staffs of political and social organizations and who have spent 24 months or more working at mountainous, remote and border areas or on islands, where area allowances correspond to those stipulated in Item 2, Article 1, of this Decree.

Article 3.- This Decree takes effect as from the date of its signing. The Minister of Defense, the Minister of Education and Training, the Minister of Labor, War Invalids and Social Affairs and the Ministries and branches concerned shall guide the implementation of this Decree.

Article 4.- The Ministers, the Heads of the agencies at ministerial level, the Heads of the agencies attached to the Government and the Presidents of the People's Committees of provinces and cities directly under the Central Government are responsible for implementing this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI